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HomeMy WebLinkAboutAgenda Report - September 3, 2008 L-01AGENDA ITEM L-01 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Ordinance No. 1816 Entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Chapter 9.18 —Vending on Streets, Sidewalks, and Private Property — by Repealing and Reenacting Section 9.18.110 in its Entirety Relating to Sanitation" MEETING DATE: PREPARED BY: September 3,2008 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1816. BACKGROUND INFORMATION: Ordinance No. 1816 entitled, "An Ordinance of the City Council of the City of Lodi Amending Lodi Municipal Code Chapter 9.18 — Vending on Streets, Sidewalks, and Private Property — by Repealing and Reenacting Section 9.18.110 in its Entirety Relating to Sanitation," was introduced at the regular City Council meeting of August 20,2008. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required —one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of al council persons present. Cal. Govt Code§ 36934. Ordinances take effect 30 days after their final passage. CaL Govt Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL I M PACT None. FUNDING AVAILABLE: None required. City Clerk Rjljmp Attachment APPROVED: BlairN! �,Ity Manager oouncil/councom/Ord i nancel.doc ORDINANCE NO. 1816 AN ORDINANCE OF THE CITY COUNCILOFTHE CITY OF LODI AMENDING LODI MUNICIPAL CODE CHAPTER 9.18 —VENDING ON STREETS, SIDEWALKS, AND PRIVATE PROPERTY —BY REPEALINGAND REENACTING SECTION 9.18.110 IN ITS ENTIRETYRELATING TO SANITATION NOW, THEREFORE, BE ITORDAINEDBYTHE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 9.18.1 10, "Sanitation," is hereby repealed and reenactedto read as follows: 9.18.110 Sanitation. A. All motorized food wagons or conveyances shall operate out of a commissary pursuant to California Health and Safety Code Section 114287. All motorized food wagons or conveyances shall be equipped with refuse containers large enoughto contain all refusegenerated bythe operation of such a vehicle, and the vendor of the motorizedfood wagon or conveyanceshall pick up all refuse generated by such operation within a twenty-five foot radius of the vehicle before such vehicle is moved. No vendor shall dispose of any trash or refuse in any such public or privatetrash receptacleother than a trash receptacleowned, operated, or otherwise provided by and under the control of such vendor. C. A motorizedfood wagon or conveyanceshall complywith California Healthand Safety Code $114315 regarding the availability of adequate toilet facilities for use by food service personnel. RFCTION All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. No Mandatory Dutv of Care. This ordinance is not intended to and shall not be construed or given effect in a mannerwhich imposes upon the City, or any officer or employee thereof, a mandatoryduty of care towards persons or property within the City or outside of the City so as to providea basis d civil I iabi I ityfor damages, except as otherwise imposed by law. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisionsof this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespectiveof the invalidityof any particular portionthereof. SECTION& This ordinance shall be published onetime in the "Lodi News -Sentinel," a daily newspaperof general circulation printedand published in the City of Lodi, and shall take effect thirty (30) days from and after its passageand approval. Approved this 3!d day of September, 2008 j 0 NE 4 MCOUNCEf Att Mayor OHL City Clerk State of California County of San Joaquin, ss. 1, Randi Johl, City Clerk of the City of Lodi, do hereby certify that OrdinanceNo. 1816 was introduced at a regular meeting of the City Council of the City of Lodi heldAugust 20, 2008, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 3,2008, by the following vote: AYES: COUNCIL MEMBERS- Hansen, Hitchcock, Johnson, Katzakian,and Mayor Mounce NOES; COUNCIL MEMBERS- None ABSENT COUNCIL MEMBERS- None ABSTAIN: COUNCIL MEMBERS- None I further certifythat Ordinance No. 1816was ap date of its passage and the same has been publW193-5 Approved as to Form: D. STEPHEN SCHWABA CityAttorney City Clerk K1 and signed by the Mayoron the t to law.